B-170235, FEB 25, 1971
Highlights
WAS IMPROPER GAO WAS PRECLUDED FORM TAKING EFFECTIVE ACTION BECAUSE CONTRACT WAS COMPLETED. INFORMAL ADVICE INDICATES STEPS ARE BEING TAKEN TO PREVENT REPETITION OF IMPROPRIETY. UNDER FOREST SERVICE SOLICITATION R9-70-537 WAS IMPROPER. THAT OUR OFFICE WAS PRECLUDED FROM TAKING CORRECTIVE ACTION BECAUSE THE CONTRACT WAS COMPLETED AND THE CONTRACTOR PAID. YOU INQUIRE WHAT STEPS ARE BEING TAKEN BY OUR OFFICE TO ASSURE THAT IMPROPER AWARDS WILL NOT BE MADE IN THE FUTURE. OUR OFFICE CANNOT PROVIDE ASSURANCE THAT IMPROPER AWARDS WILL NOT BE MADE IN THE FUTURE. WILL TESTIFY. WE HAVE BEEN ADVISED INFORMALLY THAT. ACTION IS BEING TAKEN WITH A VIEW TOWARD PREVENTING REPETITION OF THE ERRORS NOTED IN THE DECISION.
B-170235, FEB 25, 1971
BID PROTEST - IMPROPER AWARD WITH RESPECT TO DECISION OF NOVEMBER 18, 1970, HOLDING THAT ALTHOUGH AWARD TO NUCLEAR INSTRUMENT CORP., WAS IMPROPER GAO WAS PRECLUDED FORM TAKING EFFECTIVE ACTION BECAUSE CONTRACT WAS COMPLETED, INFORMAL ADVICE INDICATES STEPS ARE BEING TAKEN TO PREVENT REPETITION OF IMPROPRIETY.
TO TROXLER ELECTRONIC LABORATORIES, INC.:
IN A LETTER OF DECEMBER 10, 1970, YOU ACKNOWLEDGED RECEIVING A COPY OF OUR DECISION B-170235 OF NOVEMBER 18, 1970, TO THE SECRETARY OF AGRICULTURE, HOLDING THAT THE AWARD MADE TO NUCLEAR INSTRUMENTS CORP. UNDER FOREST SERVICE SOLICITATION R9-70-537 WAS IMPROPER, BUT THAT OUR OFFICE WAS PRECLUDED FROM TAKING CORRECTIVE ACTION BECAUSE THE CONTRACT WAS COMPLETED AND THE CONTRACTOR PAID. YOU INQUIRE WHAT STEPS ARE BEING TAKEN BY OUR OFFICE TO ASSURE THAT IMPROPER AWARDS WILL NOT BE MADE IN THE FUTURE.
OUR OFFICE CANNOT PROVIDE ASSURANCE THAT IMPROPER AWARDS WILL NOT BE MADE IN THE FUTURE. HOWEVER, WHEN WE FIND AN IMPROPRIETY AND DO NOT TAKE CORRECTIVE ACTION BECAUSE OF THE ADVANCED STATE OF THE CONTRACT, WE DO BRING THE IMPROPRIETY TO THE ATTENTION OF THE HEAD OF THE CONTRACTING AGENCY. WE TRUST THAT, IN FOCUSING UPON THE IMPROPER ACTION IN THIS FASHION, RECURRENCES MAY BE AVOIDED IN THE FUTURE.
IN THE PRESENT CASE, AS THE DECISION OF NOVEMBER 18, 1970, WILL TESTIFY, WE BROUGHT OUR CRITICISM OF THE IMPROPER ACTION TO THE ATTENTION OF THE SECRETARY OF AGRICULTURE. WE HAVE BEEN ADVISED INFORMALLY THAT, AS A RESULT OF OUR DECISION, ACTION IS BEING TAKEN WITH A VIEW TOWARD PREVENTING REPETITION OF THE ERRORS NOTED IN THE DECISION.
WE RECOGNIZE THAT THIS MAY NOT PROVIDE YOU WITH TOTAL SATISFACTION, SINCE YOU HAVE REALIZED NO MATERIAL BENEFIT FROM YOUR SUCCESSFUL PROTEST AGAINST THE AWARD MADE TO NUCLEAR INSTRUMENTS CORP. HOWEVER, WHILE THE BID PROTEST PROCEDURES MAY NOT HAVE AFFORDED YOU AN ADEQUATE REMEDY IN THIS CASE, WE TRUST THAT THE AVAILABILITY OF THE PROCEDURES WILL CONTINUE TO SERVE A SALUTARY PURPOSE IN HELPING TO MAINTAIN PROPER CONTRACTING PROCEDURES ON A GOVERNMENT-WIDE BASIS.